State v. Springer

The opinion of the court was delivered by

Harvey, J.:

W. A. Springer was charged with being a persistent violator of the intoxicating liquor law. He was found guilty and has appealed.

The principal complaint here is that the court erred in excluding evidence offered on behalf of defendant tending to show that he was insane at the time of the first conviction relied upon by the state. This excluded evidence was not offered by affidavit, or other appropriate method, on the hearing of the motion for a new trial, as required by R. S. 60-3004 (see State v. Vandruff, 125 Kan. 496, 502, 264 Pac. 1060,…